The perils of moving to another state – even after you’re removed from your own state’s registry
By Bruce, a.k.a. Atwo Zee, Registered Traveler. . . A recent NARSOL Digest (Oct/Nov 2024) “Legal Corner” article (Page 5) discussed the case of a man who successfully had himself removed from 
Michigan’s registry, then moved to Alabama. Three years later he was arrested in Alabama on a failure to register felony. Now he asks from his prison cell, how can this be? “I should not be in prison for failure to register because I have no registration obligation.”
The Digest’s answer is on point: “Unfortunately, when you left Michigan, that state no longer controls your plight …” Since many former registrants mistakenly believe there will be no consequences from moving to a new state, this example should be an object lesson that this really can happen to you.
The problem is that state registry laws contain language saying one of two things. Either:
(A) (paraphrasing) If you are required to register in the state where you offended, then you have to register with us if you move to our state, or
(B) (paraphrasing) If you were EVER CONVICTED of a registrable offense in another state, then you have to register with us if you move to our state.
The bad news is option B is by far the larger group–38 states and all five territories. Option A includes
only 12 states. Even here there’s no way of knowing how much mischief state and local law enforcement can do to throw roadblocks in the way of exercising your right to travel. You should consult an attorney specializing in registry issues in your destination state.
Within the larger group of 38 states and five territories, it turns out there are subgroups. The two largest are: (a) states which have a stated time period after which a registrant is (supposedly according to statute) AUTOMATICALLY removed, AND this includes out-of-state offenders (16-19 states depending on how you count them), and (b) states which have a stated time period after which a registrant is (supposedly according to statute) allowed to PETITION for removal, AND this includes out-of-state offenders (15-17 states).
In an ideal world, a person who has served the requisite amount of registry time in the state of conviction should be eligible to petition a court in the destination state that he/she has fulfilled the registration period and that there would be no registration obligation. The reality is that this option is not likely to be successful because courts generally do not render advisory opinions. They view such endeavors as a waste of judicial resources when there is no actual ongoing controversy to be resolved. In Option B you have the right to petition after the stated time period, but there’s usually no guarantee. I can only imagine that few of these states would allow you to swoop in at the airport and head for the nearest courthouse to get off their registry. Some laws state a time period for out-of-staters to establish residency before you can apply. Again, consult an attorney specializing in registry issues in your destination state.
If you have been removed from the registry in the state where you offended, you are “free to go”–but ONLY in that state. If you travel out of your state for business or pleasure, you still have to conduct yourself as if you were still on the registry, because unfortunately most states will view you that way.
If you have been removed from the registry in the state where you offended and you choose to move to another state, you will immediately become subject to the registry laws of your destination state, which in most cases means all your previous hard work getting yourself off your home state’s registry will be lost and you’ll be back to square one. Your best option is to stay put, no matter how disgusted you may be with the state where you suffered on the registry for so long.
More information about state SOR laws applying to out of state former and long-term registrants can be found at my website, Atwo Zee, Registered Traveler, https://a2twozee.blogspot.com/ However, for anyone considering a permanent move to another state, any information you find online–including at my site–should only be the starting point for further research in consultation with an attorney specializing in registry issues in your destination state.
If you’re able to get your original charge dismissed/expunged, and you didn’t have to register in your original state anymore how would your new state even know? As long as you weren’t arrested for committing a crime it seems unlikely anyone would know about your past. What were the circumstances of the arrest for the man in Alabama who moved from Michigan?
Two points to your comment:
1.) If I’m not mistaken, you can never have sexually related crimes expunged from your record. Even if you have them dismissed, I believe they will still show up on the record. Please correct me if I’m wrong. I don’t even know if clemency completely removes them, but again, correct if wrong.
2.) If said registrant were to move from Michigan to Alabama, and say, renew his driver’s license there once it expired, then the department of transportation for Alabama would have his records from Michigan show up. There would be a record of his registrant status most likely present. Then the department would put two and two together, determine he was required to register and didn’t. In Texas, the DPS has all of the registrants on file so I imagine the same would be true for the other 49 states.
We all remember Connecticut DPS v Doe. In that case the majority of the Supreme Court upheld the administrative branches’ application of the sex offender registry regime to those already convicted. In doing so they determined the 14th amendments procedural necessity for DOC commitments was not due.( for those cases with signed standard waiver of civil rights.) And here we are today, where states are demanding ” more process!” ( The new State.) In doing so, State’s acts as if their necessity arises from offensive behavior not tied to factual harm to one of their own citizens. It is not correct for a State to abstract the harms to another states citizens onto their own interests by default. Thus the need for comparative analysis only manifests because the majority in Connecticut DPS failed to acknowledge certain truth as to the widespread consequences applications of the database.
Moving out of state was the option for me upon my release. However, WI requires registration anyway and despite the fact you may never return. Heck, taking an out of state job requires registration in both states. I used to work with databases and programs meant for control functions in multi axis milling machines in 8 different States. Imagine trying to cope with all that reporting. Each state also required the fee. Most of the time the fix didn’t take more than two or three days, but a whole machine install could take weeks or months. Since registration is triggered by a few days most of the time registration was required. My registration mail would pile up.
It got to be too much so I quit working.